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CROSBY-GARBOTZ v. FELL

No. CR-18-0050-PR.

434 P.3d 143 (2019)

810 Ariz. Adv. Rep. 4

Nikolas CROSBY-GARBOTZ, Petitioner, v. Hon. Howard P. FELL, Judge Pro Tempore of the Superior Court of the State of Arizona IN AND FOR the COUNTY OF PIMA, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona.

Filed February 5, 2019.

Attorney(s) appearing for the Case

Richard L. Lougee , Tucson, and Bradley A. TenBrook , Markus W. Risinger (argued), Woodnick Law, PLLC, Phoenix, Attorneys for Nikolas Crosby-Garbotz.

Barbara LaWall , Pima County Attorney, Jacob R. Lines (argued), Deputy County Attorney, Tucson, Attorneys for State of Arizona.

Amy Knight , Kuykendall & Associates, Tucson, and Carol Lamoureux , Hernandez & Hamilton, PC, Tucson, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

Timothy J. Agan , Lindsay Herf , Arizona Justice Project, Phoenix, Attorneys for Amicus Curiae Arizona Justice Project.

CHIEF JUSTICE BALES authored the opinion of the Court, in which VICE CHIEF JUSTICE BRUTINEL and JUSTICES PELANDER and BOLICK joined. JUSTICE TIMMER, joined by JUSTICES GOULD and LOPEZ, dissented.

¶1 Issue preclusion, also known as collateral estoppel, precludes relitigating an issue of fact in a later case when, in a previous case, the same issue was "actually litigated, a final judgment was entered, and the party against whom the doctrine is to be invoked had a full and fair opportunity to...

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